2015 PLP 1919 (YLR)
ATHAR IJAZ KHAN — Petitioner Versus STATION HOUSE OFFICER and others — Respondents
| Citation | 2015 PLP 1919 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Abdus Sattar Asghar, J |
| Parties | ATHAR IJAZ KHAN — Petitioner Versus STATION HOUSE OFFICER and others — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2015 PLP 1919 (YLR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2015 PLP 1919 (YLR)?
The case was heard and decided by the Lahore bench comprising: Abdus Sattar Asghar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2015 PLP 1919 (YLR) (ATHAR IJAZ KHAN — Petitioner Versus STATION HOUSE OFFICER and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Aftab Rahim for Petitioner.
- Iftikhar ur Rasheed, A.A.-G. with Muhammad Anwar S.I. and Arshad, A.S.I. for Respondents.
- Iftikhar Ahmed Qureshi for Respondent No.2.
Headnotes / Summary
Ss. 405 & 408
Criminal Procedure Code (V of 1898), Ss.22-A & 22-B
Constitution of Pakistan, Art.199
Constitutional petition
Petitioner's grievance was that despite order of Ex-officio Justice of Peace, SHO Police Station concerned, was not inclined to record his statement under S.154, Cr.P.C., to register the case against respondent
Petitioner's own version that the impugned cheques were given to respondent as security/surety to the employment, had negated his version that same were entrusted to respondent
Breach of any promise, agreement, or contract, would not ipso facto attract the definition of "criminal breach of trust", in terms of S.405, P.P.C.
Prima facie, no cognizable offence, was made out
Petitioner had lodged a suit for declaration with permanent injunction before the civil court with regard to the disputed cheques, which was pending adjudication
Petitioner having already availed the efficacious remedy, petition being not maintainable, was dismissed. Shahid Imran v. The State and others 2011 SCMR 1614 rel.
Judgment & Decree
ABDUS SATTAR ASGHAR, J.
Petitioner joined as sales-officer with the marketing firm of respondent No.2 in the year 2007. Allegedly at the time of appointment petitioner issued two blank Cheques Nos. 0025937 and 0025943 of account No. 20403600000927 in favour of respondent No. 2 as security/surety. On 28-4-2014 respondent No.2 lodged FIR No.326/2014 under section 408, P.P.C. at Police Station Ichhra Lahore against the petitioner alleging criminal breach of trust and misappropriation of entrusted amount of Rs.9,00,
000. As counterblast on 29-5-2014 petitioner lodged an application to the CCPO Lahore seeking registration of case against respondent No.2 alleging that aforesaid cheques were entrusted by the petitioner to respondent No.2 who has declined to return the same. Thereafter petitioner lodged an application under sections 22-A and 22-B, Cr.P.C. on 2-6-2014 before the learned Ex-Officio Justice of the Peace Lahore for registration of case against respondent No.2. The said application was allowed by learned Additional Sessions Judge/Ex-Officio Justice of Peace Lahore vide order dated 11-6-2014 with a direction to the S.H.O. to record the petitioner's version and proceed in accordance with law.
2. Petitioner's grievance through this constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 is that despite order of learned Ex-Officio Justice of the Peace Lahore S.H.O. Police Station Ichhra is not inclined to record his statement under section 154, Cr.P.C. to register the case against respondent No.2.
3. Arguments heard. Record perused.
4. Petitioner's own version that the impugned cheques were given by him to respondent No.2 as security/surety to the employment negates his version that the same were entrusted to respondent No.2. It is established principle of law that breach of any promise, agreement or contract does not ipso facto attract the definition of criminal breach of trust in terms of section 405, P.P.C. Reliance is made upon Shahid Imran v. The State etc. 2011 SCMR 1614 (Supreme Court of Pakistan). In the attending circumstance of this case prima facie no cognizable offence is made out.
5. Besides it is important to note that petitioner has lodged a suit for declaration with permanent injunction before the Civil Court Lahore with regard to the disputed cheques which is pending adjudication. Petitioner has already availed the efficacious remedy.
6. For the above reasons, this petition being not maintainable is dismissed. HBT/A-69/L Petition dismissed.